Department of Transportation April 26, 2010 – Federal Register Recent Federal Regulation Documents
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Denial of Airlines' Temporary Exemption Requests from DOT's Tarmac Delay Rules for JFK, EWR, LGA and PHL Operations
On March 30, 2010, the Department published a notice in the Federal Register seeking comment on separate requests by five airlines for a temporary exemption from a requirement that U.S. carriers adopt contingency plans for lengthy tarmac delays. These plans must include an assurance that a carrier will not permit an aircraft to remain on the tarmac for more than three hours in the case of domestic flights and for more than a set number of hours as determined by a carrier in the case of international flights without providing passengers an opportunity to deplane, with certain exceptions for safety, security, or Air Traffic Control (ATC) related reasons. The requests cover operations at John F. Kennedy International Airport (JFK), Newark Liberty International Airport (EWR), LaGuardia Airport (LGA), and Philadelphia International Airport (PHL). The carriers contend that without the requested exemption covering seven months in 2010 during which runway construction is expected to be underway at JFK, large numbers of flights will have to be canceled at the New York area airports and affected passengers will face significant inconveniences and delays before being re-accommodated. The Department received approximately 135 comments on these exemption requests, primarily from individual consumers. After fully considering the comments submitted, the Department is issuing this notice to announce its decision denying each of these exemption requests as not being in the public interest since the concerns raised by the carriers can be resolved through more careful flight scheduling. The notice also points out that if totally unexpected situations occur appropriate prosecutorial discretion can be applied with respect to potential enforcement action.
Airworthiness Directives; The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes
The FAA is superseding an existing airworthiness directive (AD) that applies to all The Boeing Company Model 737-600, -700, -700C,
Canadian National Railway Company and Grand Trunk Corporation-Control-EJ&E West Company 1
The Surface Transportation Board will hold a public hearing beginning at 1 p.m. on Wednesday, April 28, 2010, in the Hearing Room on the first floor of the Board's headquarters in Washington, DC. The purpose of the hearing is for Canadian National Railway Company (CN) to explain why CN's submissions to the Board on crossing blockages of 10 minutes or more differ from data automatically reported in its own crossing gates, and why CN did not disclose that it had such information. The meeting will be open for public observation but not public participation.
Interim Notice of Funding Availability for the Department of Transportation's National Infrastructure Investments Under the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010; and Request for Comments
This interim notice announces the availability of funding and requests proposals for the Department of Transportation's National Infrastructure Investments. In addition, this interim notice announces selection criteria and pre-application and application requirements for the National Infrastructure Investments.
Airworthiness Standards; Rotor Overspeed Requirements
The FAA proposes to amend the aircraft turbine engine rotor overspeed type certification standards. This action would establish uniform rotor overspeed design and test requirements for aircraft engines and turbochargers certificated by the FAA and the European Aviation Safety Agency (EASA). The proposed rule would also establish uniform standards for the design and testing of engine rotor parts in the United States and in Europe, eliminating the need to comply with two differing sets of requirements. The proposed rule would improve safety by clarifying existing overspeed requirements for aircraft turbine engine rotor parts.
Federal Motor Vehicle Safety Standard No. 108; Lamp, Reflective Devices and Associated Equipment; Denial of Petition for Rulemaking
BMW of North America, LLC (BMW) requested a modification to the motorcycle headlighting system location requirements for a single headlamp with multiple light sources. The current standard requires that the light sources contained in a single motorcycle headlamp containing multiple light sources be located on the vertical centerline of the vehicle or horizontally disposed about the vertical centerline and mounted at the same height. BMW requested that the location requirements be based on the axes of reference instead of the light sources.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on September 10, 2009, and comments were due by November 9, 2009. No comments were received.
Airworthiness Directives; Bombardier, Inc. Model DHC-8-200 and DHC-8-300 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: During a recent production fuel system test, it was found that all three flapper valves located in each collector tank did not conform to the design requirements, due to the fact that a valve spring was installed on the flapper hinge pin. This valve spring should have been removed prior to installation of the valves. With the valve spring installed, the flapper valve is held closed by the valve spring, preventing gravity feed. In the event of scavenge system failure, the collector tank fuel level can no longer be maintained, potentially leading to an in-flight engine shutdown.
Airworthiness Directives; McDonnell Douglas Corporation Model MD-90-30 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Model MD-90-30 airplanes. This proposed AD would require inspecting for corrosion of the retract cylinder support fitting for the main landing gear (MLG) and the mating bore for the support fitting in the MLG trunnion fitting and performing corrective actions if necessary, and replacing cadmium-plated retract cylinder support bushings and bearings. This proposed AD results from reports of the retract cylinder support fitting for the MLG failing during gear extension and subsequently damaging the hydraulic system. We are proposing this AD to prevent corrosion and damage that could compromise the integrity of the retract cylinder support fitting for the MLG, which could adversely affect the airplane's safe landing.
Agency Information Collection; Activity Under OMB Review; Report of Passengers Denied Confirmed Space-BTS Form 251
In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of BTS collecting reports on the number of passengers holding confirmed reservations that voluntarily or involuntarily give up their seats when the airline oversells the flight. Comments are requested concerning whether (a) The collection is still needed by the Department of Transportation, (b) BTS accurately estimated the reporting burden; (c) there are other ways to enhance the quality, utility and clarity of the information collected; and (d) there are ways to minimize reporting burden, including the use of automated collection techniques or other forms of information technology.
Agency Information Collection; Activity Under OMB Review; Airline Service Quality Performance-Part 234
In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of DOT requiring large certificated air carriers to file ``On-Time Flight Performance Reports'' and ``Mishandled-Baggage Reports'' pursuant to 14 CFR 234.4 and 234.6. These reports are used to monitor the quality of air service that major air carriers are providing the flying public. The Federal Aviation Administration uses the On-Time Flight Performance Reports to identify problem areas within the air traffic control system.
2010-8987
The regulatory agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The agenda provides the public with information about the Department of Transportation's regulatory activity. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the Department's regulatory activity. The public is also invited to submit comments on any aspect of this agenda.
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